Overview
Appealing a party wall award is possible, but it is a serious step. It can be expensive, time-consuming and uncertain.
Before appealing, you should decide whether the award is legally wrong, or simply inconvenient.
The 14-day deadline
An appeal must usually be made to the county court within 14 days of service of the award.
That is a short deadline. If you are considering an appeal, take specialist legal advice immediately.
Costs and litigation risk
Appeals can be costly. Depending on complexity, legal costs can run into tens of thousands of pounds.
Even if you win, you may not recover all your costs. If you lose, you may face your own costs and a contribution towards the other side's costs.
Why appeals are uncertain
Even strong appeals carry risk. Outcomes can be affected by:
- incomplete evidence;
- disputed facts;
- procedural points;
- unexpected legal arguments;
- judicial discretion;
- the quality of advocacy on each side.
No sensible adviser should promise a result.
Cost control options
If an appeal is unavoidable, consider:
- obtaining early written advice from a specialist solicitor or barrister;
- using a direct access barrister where suitable;
- limiting the issues to the strongest points;
- avoiding emotional arguments;
- setting a clear litigation budget.
Self-representation may reduce cost, but it also increases risk if the legal issues are technical.
Cost versus benefit
Ask:
- what practical benefit will success achieve?
- is the disputed point worth the likely cost?
- will delay make the project or dispute worse?
- can the issue be resolved by agreement or a further award?
Many appeals cost more than the issue they are intended to fix.
Question the motivation
Be cautious if a surveyor strongly pushes you towards an appeal. Their view may be genuine, but you should test it with independent legal advice.